Vol. 505 No. 5
3 Mrs. T. Ahearn asked the Minister for Health and Children the reason he has not complied with the Government's commitment to establish a tribunal of inquiry into the circumstances which resulted in haemophiliacs contracting HIV and hepatitis C; if the terms of reference for this tribunal have been agreed with the Irish Haemophilia Society; the issues, if any, which remain outstanding; and when the promised tribunal will be established. [13959/99]
At its meeting of 25 May 1999, the Government approved the text of a draft order providing for the establishment of a tribunal of inquiry to investigate the infection with HIV and hepatitis C of persons with haemophilia. The main issues to be examined by the tribunal are: which products caused, or probably caused, the infection; the role of the Blood Transfusion Service Board, medical consultants and others in product selection; the prevailing state of medical and scientific knowledge; the implementation of a self-sufficiency policy by the BTSB; the selection procedures with regard to manufacturers and fractionators; donor selection, testing and screening; plasma quarantine criteria; viral inactivation procedures; follow-up measures in respect of tracing, offering testing and minimising the risk of infection; the response to the discovery that persons had been infected; the role of the National Drugs Advisory Board; and the supervision of the NDAB and the BTSB by the Department of Health and Children.
The tribunal will also investigate the circumstances of the infection with HIV of the person known as "the Kilkenny health worker", following a blood transfusion in July 1985, and the circumstances surrounding the issue of untested platelet concentrate in December 1985, the donor of which was subsequently diagnosed as HIV positive.
Because of the special position held by the Irish Haemophilia Society in that it represents persons directly affected by the HIV and hepatitis C contamination of blood products, my officials and I have been in consultation with the society in relation to the issues to be examined by the tribunal. It appears that most blood products implicated in the infection of haemophiliacs with hepatitis C and HIV were manufactured by pharmaceutical companies in the USA, some based on blood donated there and some based on blood donated in Ireland and sent for processing. In order to fully investigate the source of the infections, therefore, the IHS felt that the tribunal should, if possible, inquire into the relevant operations of the pharmaceutical companies concerned.
The proposed terms of reference include a provision which would enable the tribunal to investigate anything arising outside the State that it considers relevant in so far as the tribunal considers it practicable, appropriate and reasonable to do so, and considers that the procedures adopted for the purpose can be carried out without unduly delaying the completion of the inquiry, and with a substantial expectation of being able to obtain the evidence necessary for the investigation.
Additional Information.The Attorney General and I met representatives of the society and its legal advisers on Friday, 21 May. At that meeting, the IHS indicated that it was satisfied that the proposed terms of reference comprised all the issues which it wished to have examined by the tribunal. The IHS also indicated its support for the provision relating to the international aspect of the tribunal.
At its meeting of 25 May, the Government also approved the moving of the necessary motion in the Dáil and Seanad to establish the tribunal. I will make arrangements for the moving of the motion in both Houses of the Oireachtas as soon as possible.
I welcome the establishment of the tribunal. The Minister will agree that it will deal with one of the worst and saddest health catastrophes in the history of the State. It is sad that 65 people have died, 103 are infected with HIV and 210 with hepatitis C. In view of the alarming situation, a two-year wait was too long before we got to the stage at which the tribunal is being established.
The Deputy should ask a question.
Much of the agreement had been concluded by Deputy Noonan during his term as Minister. When will the tribunal be established? Can the Minister give a guarantee that it will be established by the end of this session?
There was a difficulty regarding how one could examine the impact of blood products from outside the State. Is there any means by which we can compel foreign companies to produce documentation or evidence or will we have to rely on their contributions? Compensation was promised to haemophiliacs in 1991. Can the Minister guarantee that this will not be put on the back-burner even though this issue is not part of the tribunal's terms of reference?
I will not get into the issue of how much work was done on this by the time I took office. A lot of work has been done since to deal adequately with the issue.
There is no question of a delay. What has been achieved has resulted from detailed discussions. Much legal advice has been sought by others, apart from the State. Very complex legal issues are involved concerning the jurisdictional constraints of setting up a tribunal of inquiry in respect of products manufactured elsewhere, and of the companies who made those products but who are not registered here or who are incorporated in another jurisdiction.
We have terms of reference which deal with the issues people wanted to deal with in a way which is workable and efficacious. They will allow the tribunal to have a beginning, middle and end so that it can deal with the issues in so far as they can be dealt with to the maximum of our ability. The tribunal has an international dimension which will enable the chairperson to take evidence from outside the jurisdiction if it is considered fit and relevant, and where there are expectations of successfully obtaining information. The issue of compellability does not extend beyond this jurisdiction.
